Page:United States Statutes at Large Volume 103 Part 2.djvu/884

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103 STAT. 1894 PUBLIC LAW 101-222 —DEC. 12, 1989 Corporations. President of U.I Regulations. Federal Roister, publication. Reports. the government of or a person in a country described in subsection (d) if the United States person has reason to know that the munitions item will be made available to any country described in subsection (d). "(D) Taking any other action which would facilitate the acquisition, directly or indirectly, of any munitions item by the government of any country described in subsection (d), or any person acting on behalf of that government, if the United States person has reason to know that that action will facilitate the acquisition of that item by such a govern- ment or person. "(2) LIABILITY FOR ACTIONS OF FOREIGN SUBSIDIARIES, ETC.— A United States person violates this subsection if a corporation or other person that is controlled in fact by that United States person (as determined under regulations, which the President shall issue) takes an action described in paragraph (1) outside the United States. " (3) APPLICABILITY TO ACTIONS OUTSIDE THE UNITED STATES. — Paragraph (1) applies with respect to actions described in that paragraph which are taken either within or outside the United States by a United States person described in subsection (1)(3) (A) or (B). To the extent provided in regulations issued under subsection (1)(3)(D), paragraph (1) applies with respect to actions described in that paragraph which are taken outside the United States by a person designated as a United States person in those regulations. "(c) TRANSFERS TO GOVERNMENTS AND PERSONS COVERED. — This section applies with respect to— "(1) the acquisition of munitions items by the government of a country described in subsection (d); and " (2) the acquisition of munitions items by any individual, group, or other person within a country described in subsection (d), except to the extent that subparagraph (D) of subsection (b)(1) provides otherwise. "(d) COUNTRIES COVERED BY PROHIBITION.—The prohibitions con- tained in this section apply with respect to a country if the Sec- retary of State determines that the government of that country has repeatedly provided support for acts of international terrorism. "(e) PUBLICATION OF DETERMINATIONS.—Each determination of the Secretary of State under subsection (d) shall be published in the Federal Register. "(f) RESCISSION.— A determination made by the Secretary of State under subsection (d) may not be rescinded unless the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate— "(1) before the proposed rescission would take effect, a report certifying that— "(A) there has been a fundamental change in the leader- ship and policies of the government of the country con- cerned; "(B) that government is not supporting acts of inter- national terrorism; and "(C) that government has provided assurances that it will not support acts of international terrorism in the future; or "(2) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that—